WPIC 35.23.04 Assault—Third Degree—Health Care Provider—Elements
11 WAPRAC WPIC 35.23.04Washington Practice Series TMWashington Pattern Jury Instructions--Criminal
11 Wash. Prac., Pattern Jury Instr. Crim. WPIC 35.23.04 (5th Ed)
Washington Practice Series TM
Washington Pattern Jury Instructions--Criminal
January 2024 Update
Part VI. Crimes Against Personal Security
WPIC CHAPTER 35. Assault and Reckless Endangerment
WPIC 35.23.04 Assault—Third Degree—Health Care Provider—Elements
To convict the defendant of the crime of assault in the third degree, each of the following elements of the crime must be proved beyond a reasonable doubt:
(1) That on or about (date), the defendant assaulted (name of person),
(2) That (name of person) was a [nurse] [physician] [health care provider];
(3) That at the time of the assault (name of person) was performing [his] [her] [nursing] [or] [health care] duties; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if after weighing all the evidence you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
NOTE ON USE
Use WPIC 35.50 (Assault—Definition) with this instruction. It may be appropriate to provide additional instructions defining “nurse,” “physician,” or “health care provider.” See the Comment below.
For a discussion of the phrase “any of these acts” in the jurisdictional element, see WPIC 4.20 (Introduction) and the Note on Use to WPIC 4.21 (Elements of the Crime—Form).
COMMENT
RCW 9A.36.031(1)(i).
The statute defines a nurse as “a person licensed under chapter 18.79 RCW.” A “physician” is “a person licensed under chapter 18.57 or 18.71 RCW.” A “health care provider” means a person certified under RCW Chapter 18.71 or 18.73 who performs emergency medical services or a person regulated under RCW Title 18 and employed by, or contracting with, a hospital licensed under RCW Chapter 70.41. If a jury question is presented involving such definitions, an explanatory instruction should be crafted.
The State is not required to prove that the defendant knew that the person assaulted was a health care provider. See State v. Brown, 140 Wn.2d 456, 998 P.2d 321 (2000) (holding that knowledge that the person assaulted is a police officer is not an element of RCW 9A.36.031(1)(g)). Further discussion of this issue is found in the Comment to WPIC 35.23.02 (Assault—Third Degree—Law Enforcement Officer—Elements).
[Current as of March 2020.]
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